How does a specific example in prior art anticipate a claimed range?
A specific example in prior art can anticipate a claimed range if it falls within that range. This is based on the principle that disclosing a species (specific example) anticipates a genus (range) that includes that species. The MPEP 2131.03 provides an illustrative example: “Claims to titanium (Ti) alloy with 0.6-0.9% nickel (Ni) and 0.2-0.4%…
Read MoreWhat is the ‘critical element test’ for unexpected results in patent applications?
The ‘critical element test’ is an important consideration when evaluating whether unexpected results are commensurate in scope with the claimed invention. MPEP 716.02(d) states: To establish unexpected results over a claimed range, applicants should compare a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range.…
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